Does Uncle Sam Consider Your Backyard Restricted Airspace?
Who owns the airspace over your backyard? In theory, everyone. The Federal Aviation Act of 1958 declared that “a citizen of the United States has a public right of transit through the navigable airspace.” That is, everywhere above the trees and buildings.
But it’s up to the Federal Aviation Administration (FAA) to set the rules of that navigation. While most of the land area in America is uncontrolled airspace, most of the land where people live falls under controlled airspace, thanks to the amount of air traffic flowing through.
In 2012, Congress asked the FAA to begin regulating drones as aircraft. And in 2020, following changes in the law, the FAA removed the distinction between model planes and drones, classifying both as “unmanned aerial systems.” Although aircraft below 0.55 pounds don’t have to be registered with the feds, “remote pilots” all have to follow the same rules—including getting control tower permission to fly in controlled airspace.
Remote pilots have to obey the same NOTAMs (short for “notice to air missions”) as regular pilots. Most NOTAMs are temporary security restrictions; there is also a permanent NOTAM banning flights over Washington, D.C., and somewhat confusing rules for the airspace around sports games.
On the bright side, the FAA’s prerogative over airspace means that other wings of the government can’t regulate the air—though some have come up with creative ways around that. Although they can’t stop you once you’re in the air, the National Park Service and the city of New York both ban drone takeoffs and landings on their turf. St. Louis, meanwhile, has set up a restrictive licensing system for drone businesses.
Reason has compiled a map of cities across America where the skies ain’t free. It doesn’t include NOTAMs, national security restrictions, stadium no-fly zones, or local regulations. (To get the most up-to-date restrictions, and to get control tower approval to fly in controlled airspace, you may want to use a licensed LAANC app.) You might be surprised at some of these.
Between all the commercial airports—Los Angeles hosts the most airline hubs out of any American city—and the Hollywood private planes, there’s not a lot of room for Angeleno remote-control hobbyists. The Reason Foundation’s offices are located near LAX: convenient for catching a flight, not so convenient for taking a drone selfie.
Miami has some things in common with Los Angeles: a sunny climate, a party culture, a district called Hollywood. More so
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